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05-29-2018 Council Packet
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05-29-2018 Council Packet
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What type of equipment is subject to the special requirements on small cell technology? <br />The statute defines type of equipment, which include: <br />"Small wireless facility": <br />(1) A wireless facility that meets both following qualifications: <br />(i) Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an <br />antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of <br />no more than six cubic feet. <br />(ii) All other wireless equipment associated with the small wireless facility, excluding electric meters, <br />concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding <br />equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection <br />of power and other services, and any equipment concealed from public view within or behind an existing <br />structure or concealment, is in aggregate no more than 28 cubic feet in volume. <br />(2) A micro wireless facility. <br />"Wireless support structure" means a new or existing structure in a public right of way designed to <br />support or capable of supporting small wireless facilities, as reasonably determined by a local government <br />unit. <br />"Collocate" or "collocation" means to install, mount, maintain, modify, operate, or replace a small <br />wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned <br />privately or by a local government unit. <br />What additional requirements must cities consider to comply with Minnesota's <br />Telecommunications Right -of -Way User Law, as amended? <br />The law sets forth specific requirements related to placement of small wireless facilities or installation of <br />new wireless support structures. The below information highlights items cities will want to consider when <br />drafting an ordinance or amending an existing ordinance. Again, cities should work with their city attorneys <br />to ensure full compliance with the law. <br />NEW STATE LAW REQUIREMENTS <br />GOVERNING PLACEMENT OF SMALL WIRELESS FACILITIES IN RIGHTS OF WAY <br />If a city decides to regulate or require permits for placement of a new wireless support structure <br />or collocation of a small wireless facility, then the city should be aware that: <br />❑ Small wireless facilities and wireless support structures are a permitted use, except that <br />in districts zoned as single-family residential use or district identified as historic (either <br />by federal law or ordinance), a local government unit can require a conditional use <br />permit. <br />4 <br />
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